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HomeMy WebLinkAbout03/28/1994 - Regular MeetingCITY OF NEUORT BEACH COUNCIL MEMBERS MINUTES REGULAR COUNCIL MEETING �� TI M CE: CouncilChambers C DATE: March 28, 1994 INDEX Present x M A es Motion All Ayes Motion All Ayes • • Ord 94 -17 Zoning Specialty Food (94) PCA 793 PW /Pdstrn/ Bikewy Fac Res 94 -17 (74) Library Reloc Sry C -2990 (38) Mayor Turner presented a Proclamation to City employee KEVIN COLLINS, in special recognition of his unselfish and heroic actions on March 11, 1994. X x x x x x ROLL CALL X Reading of Minutes of Special Meeting of March 11, and Regular Meeting of March 14, 1994 was valved, approved as written and ordered filed. X Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. CONSENT CALENDAR X The following items were approved, except for those items removed: ORDINANCES FOR INTRODUCTION - Schedule for public hearing on April 11, 1994: 1. Proposed ORDINANCE NO. 94 -17, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE REVISING THE SPECIALTY FOOD SERVICE PROVISIONS SO AS TO: INCREASE THE ALLOWABLE GROSS' FLOOR — AREA "FOR —SUCH USES; REMOVE THE MANDATORY OFF- STREET PARKING REQUIREMENT WHEN SUCH USES ARE LOCATED ON PROPERTY THAT IS NONCONFORMING RELATIVE TO THE COMMERCIAL OFF- STREET PARKING REQUIREMENT; INCREASE THE NUMBER OF ALLOWABLE SEATS; REMOVE THE REQUIREMENT FOR MODIFICATIONS COMMITTEE APPROVAL OF SPECIALTY FOOD SERVICES; AND ESTABLISH AN ADMINISTRATIVE PROCEDURE FOR SPECIALTY FOOD SERVICES (PLANNING COMMISSION AMENDMENT NO. 793). [Report from Planning Department] 2. Removed from the Consent Calendar. RESOLUTIONS FOR ADOPTION 3. Resolution No. 94 -17, authorizing the submittal of an application to the Orange County Transportation Authority (OCTA) and the Southern California Association of Governments (SCAG) for the construction of PEDESTRIAN AND BIKEWAY FACILITIES in Newport Beach, 1994 -95 SB -821 Funding Program. [Report from Public Works Department] CONTRACTS AND AGREEMENTS 4. LIBRARY RELOCATIONS SERVICES - Award service agreement to National Library Relocations for a total cost of $33,704. [Report from Community Services Department] Volume 48 - Page 83 Ord 94 -17 Zoning Specialty Food (94) PCA 793 PW /Pdstrn/ Bikewy Fac Res 94 -17 (74) Library Reloc Sry C -2990 (38) CITY OF NEWPORT BEACH COUNCIL MEMBERS CIO ROLL CALL March 28, 1994 MINUTES INDEX 5. RAT-BOA ISLAND STREET LICHT REPLACEMBHT Balboa Is PROJECT - Professional Services St Light Agreement with Willdan Associates, to Rplcm prepare detailed Plans and C -2997 Specifications for construction of (38) project for a fee not to exceed $41,951. [Report from Utilities Department] 6. Removed from the Consent Calendar. 7. PERSONNEL VACANCIES - Report from (66) Personnel Director. S. CLAIMS - For Denial by the City Nan -gar (36) Michelle Avallons alleging City tree roots in front of Britta's Cafe (205 -207 Main Street, Balboa) has caused broken sidewalk and tiles at entrance to restaurant. Celeste Delvalle alleging personal injuries as a result of wire strand getting naught in claimant's handle bars, causing her to fall from bicycle on bicycle path on Irvine Boulevard, south of Monte Vista on October 19, 1993. Harbor Hill Homeowners Association alleging Refuse Truck struck and bent entrance gate located at Spyglass/ Hillsborough on December 31, 1993; seeking reimbursement of $1,410. Jack Hardy alleging City caused water • pipes to clog and stop fixtures from February 18, 1994 1828 W. working on at Balboa Boulevard; seeking reimbursement of $113.20 for plumbing repairs. Suanne Marie Menick alleging personal injuries as a result of slip and fall due to standing water adjacent to irrigated planter located in beach park adjacent to Balboa Pier area on September 21, 1993. Steven J. Nadel alleging two rear wheels of his vehicle were damaged by hitting hole in roadway on Pacific Coast Highway near Corona del Mar on March 2, 1994. Harriett L. Olander alleging personal injuries as a result of trip and fall at Balboa Bay Club on January 29, 1994. Mark Oskowsky for property damage as a result of City Contractor (Kennedy Pipeline Co.) diverting flow of rain water from drain into claimant's garage and flooding said garage, damaging the paint and drywall, etc., at 128 26th Street. Pacific Bell seeking indemnity from claim filed by Dominic Menaldi, who fell • on sidewalk near Mom's Cafe (east Ocean Front) on June 14, 1993. Dinah Leni Pratt alleging personal injuries as a result of an elevator accident in building at 3333 West Coast Highway on October 13, 1993. volume 48 - Page 84 COUNCIL MEMBERS ROLL CALL s • :7 • CITY OF NEWPORT BEACH March 28, 1994 David Shoemake alleging City water rusted and ruined load of white clothes in washer on March 3, 1994 at 1311 W. Bay Avenue; seeking reimbursement of $337. James Speth alleging City Refuse Truck struck his vehicle at Adams and East Bay Avenues on February 9, 1994. 9. PLANNING COMMISSION ACTIONS - Meeting of March 10, 1994. [Report from Planning Department] 10. Removed from the Consent Calendar. 11. 3.0 MILLION GALLON RESERVOIR/16TH STREET UTILITIES YARD -City Clerk to advertise for contractors to submit information for prequalification certification for construction of subject reservoir as part of GROUNDWATER DEVELOPMENT PROJECT; prequalification packages to be received at the office of the City Clerk before 1:30 p.m., Monday, April 11, 1994. [Report from Utilities Department] 12. [Deleted from agenda] 13. Removed from the Consent Calendar. 14. JAMBOREE ROAD BEHABILITATION FROM FORD ROAD TO SOUTH BRISTOL STREET (CONTRACT NO. 2901) - Accept the work; and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. [Report from Public Works Department] 15. BUDGET AMENDMENTS BA -038 Removed from the Consent Calendar. BA -039, $1,000 - Appropriate $500 each to Newport Harbor High School and Corona del Mar PTA for GRAD NIGHT parties. BA -040, $30,000 - To establish a coin collection area in the FINANCE Department vault; and construct workspace for the Purchasing staff at the Warehouse. BA -041, $50,000 - To provide for expenses over budget for Professional and Technical Services (Maintenance of City Property, Appraisers and Consultants for Negotiations regarding CITY PROPERTY, etc). [Memorandum from Assistant City Manager] BA -042, $16,070.37 - To provide for overtime costs in SPECIAL EVENT STAFFING and purchase of traffic cones and barricades (cost offset by special event fees). [Memorandum from General Services Director] BA -043, $43,228 - To provide for 192/93 MEASURE ^M" Local Turnback fund interest (required by law to be returned to the program). Volume 48 - Page 85 MINUTES INDEX Planning (68) Utilities Yrd /Resery C -2961 (38) Jamboree Rd Rehab/ Ford Rd - SBristol C -2901 (38) (40) COUNCIL MEMBERS �s ROLL • • CITY OF NEWPORT BEACH March 28, 1994 BA -044, $20,000 - To provide for personnel and purchase of landscaping equipment for MARINA PARK, MOBILE HOME PARE which exceeds original budgeted funds. [Memorandum from Assistant City Manager] BA -045, $1,250 - For Irvine Terrace SPECIAL REFUSE COLLECTION on Saturday, April 16, 1994. [Memorandum from General Services Director] ITEMS REMOVED FROM THE CONSENT CALENDAR Agenda Item No. Report from Planning Department regarding introduction and setting a public hearing on April 11, for Proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING PORTIONS OF THE MAAR E RS MILE SPECIFIC AREA PLAN (CHAPTER 20.62 OF THE NEWPORT BEACH MUNICIPAL CODE) RELATING TO PARCELS ON THE NORTHERLY SIDE OF WEST COAST HIGHWAY SO AS TO ALLOW THE PLANNING COMMISSION OR CITY COUNCIL TO WAIVE A PORTION OF THE OFF- STREET PARKING REQUIREMENT IF CERTAIN - CRITERIA IS MET, AND MODIFY THE FINDINGS REQUIRED TO APPROVE STRUCTURES EXCEEDING THE BASIC 26 -FOOT HEIGHT LIM UP TO 35 FEET (PLANNING COMMISSION AMENDMENT NO. 796). The City Clerk reported that after the agenda was printed, a letter was received from Ernie Liskie requesting that the language in Part 1 of Section D, "and that the increased building height is necessary to construct the additional floor area authorized by Section 20.62.030(B)(5)1." be changed to read "or that the increased building height is necessary to construct the additional floor area authorized by Section 20.62.030(B)(5)1." Council Member Hart stated that since the writing of the original draft ordinance, members of the Mariners Mile Association, and she and City staff have developed some revised language to Section 2 regarding Height Limit. She read into the record the following recommended new wording: "1. The increased building height would result in more public visual open space and views than would result from compliance with the basic height limit provided; however, for those properties on the north side of West Coast Highway subject to the 12 foot setback for highway, widening, the finding shall be that the increased building height will facilitate construction of all and Volume 48 - Page 86 MINUTES INDEX PCA 796 Mariners Mile/Zoning (94) CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CflLL S March 28, 1994 MINUTES INDFX any portion of the additional Mariners floor area authorized by Section Mile /Zonis 20.62.030(B)(5) and the increased building height will not adversely affect bay views for public open space. Particular attention shall be given to the location and orientation of the structure on the lot, the percentage of ground coverage, and on the treatment of all setback and open areas." Council Member Hart stated that Number 2, and 3 remain the same, with Number 4 to read as follows: "4. The increased height shall in no case result in a floor area exceeding the floor area permitted by Section 20.62.030, subject to the provisions of Section 20.62.030(B)(5)." Ernie Liske, 503 32nd Street, stated that he concurs in the revised wording set forth in the above. Motion x Discussion ensued regarding the use of the words "adversely affect," and the word "and" in Section 1 - Height Limit, second line; and following consideration, Mayor Pro Tem Watt moved to introduce Ordinance No. 94 -18 as drafted by the Planning Department, leaving In the word "and." • Discussion continued wherein the City Attorney suggested the following wording in lieu of "adversely affect" "increased building height will not significantly reduce bay view corridors from public view parks." Motion x Following consideration, substitute motion was made by Council Member Hart to introduce Ordinance No. 94 -18 as revised by the City Attorney. Motion x A second substitute motion was made by Ord 94 -18 Council Member Hedges to introduce Ordinance No. 94 -18 as the Planning Commission intended, but that In Section 1, second line, the word "or" be substituted for the word "and." Council Member Hart spoke against the second substitute motion stating that the revised wording as recommended by the City Attorney protects some type of open space views in the Mariners Mile Specific Area Plan, but by inserting the word "or," she felt it totally cuts that out without giving any consideration to the new wording. Ay x x x x The second substitute motion was voted No x x x on and carried. 6. Report from General Services Director Recycling/ concerning RECYCLING CONTRACTS - 3 -year Waste contract to Rainbow Disposal Company, (38) Incorporated (green waste) and Ware Disposal Company, Incorporated (brown waste, concrete asphalt). Volume 48 - Page 87 COUNCIL MEMBERS CITY OF NEWPORT BEACH march 28, 1994 MINUTES NTD141 Delores Otting, 17 Hillsborough, addressed the Council and indicated she was satisfied with the results of the Recycling Contracts; however, she had two concerns regarding "metals" and "green waste." Dave Niederhaus, General Services • Director, stated that the decision was made by the Utilities Director regarding where the metals bin was being stored, and it was deleted from the bid after they did the request for proposals as it did not pay to store it. Regarding green waste, the City has continued to buy back the green waste after its been processed and use it in the parks, but the company that the green waste is being hauled to prefers to haul it back to the City free of charge. Motion x Motion was made by Mayor Turner to Rainbow All Ayes approve the two recycling contracts with C -2998 Rainbow Disposal Company and Ware Disposal Company, and authorize the Ware Mayor and City Clerk to execute subject C -2999 contracts. 10. Report from Planning Department GPA 94 -1 regarding GENERAL PLAN AMENDMENT 94 -1: (45) F. Pacific View Memorial Park - Request to initiate an amendment to the Land Use Element of the General Plan for Pacific View Memorial Park, establishing a . separate development allocation of 30,000 square feet for support facilities including a chapel, funeral home, administrative offices, sales offices, maintenance facilities, garages and miscellaneous storage. In addition to this allocation, mausoleum structures shall be permitted, the location and building envelope of which shall be established on the site plan accompanying the approval of a use permit. The Planning Director gave an overview on this matter. He also referenced a Chronological History of Pacific View Memorial Park from June 18, 1958 to March 28, 1994, which was distributed to the City Council at their afternoon study session. He stated that the Planning Department had two public hearing items on their March 24, 1994 agenda, i.e., 1) allowed the use permit for the cemetery to go beyond the 50,000 sq. ft, limitation that is applied to property under the General Plan, and 2) • the approval of a site plan review appplication. However, late last week, tha City Attorney advised the Planning Department staff that the Planning Commission cannot proceed with the public hearings on the use permit and site plan review without going through a General Flan Amendment. In order to Volume 48 - Page 88 COUNCIL MEMBERS ONO` 0`1k \ -�p ROLL • • CITY OF NEWPORT BEACH March 28, 1994 facilitate the applications that were before the Commission, the staff suggested to the Commission that they amend the General Plan and they recommend to the City Council that a General Plan Amendment be initiated. Last Thursday evening at the Planning Commission meeting, those two items were removed from the agenda and it was recommended that a General Plan Amendment be initiated. He advised that this morning, the City Attorney and himself met with approximately six property owners in the Spyglass area, and discussed the initiation process. The City Attorney stated the staff explained to the property owners in attendance at this morning's meeting, that this was an unusual project because it involves land use approved by the County in 1958 pursuant to a use permit, and there is some question as to the rights conveyed by that use permit. He stated it is a fairly complex project that goes back almost 40 years. He explained to the homeowners that he thinks there are some benefits to the City and homeowners if the City were to issue a use permit and get Pacific View to concede that the City has land use control and general plan authority over the site. The City Attorney stated he has prepared a proposed motion that would allow the use permit and the general plan amendment to proceed on the same tract and would commit the City to processing the two approvals simultaneously. The City Council would review use permit, site plan review, and the General Plan Amendment if the Planning Commission recommended approval. Finally, there is some specific language within the General Plan Amendment itself that addresses the homeowners' concerns regarding the site plan. He stated that copies of the proposed motion were given to Mr. Wolf of Spyglass area, as well as the Chronological History of Pacific View Memorial Park. In response to Council inquiry, the City Attorney stated that the General Plan currently authorized 50,000 sq. ft. of development on the site, and the General Plan indicates there is about 43,000 sq. ft. of development that has already been constructed, leaving approximately 7,000 sq. ft. of additional development. The General Plan does not distinguish between Mausoleum, Cemetery, or Administrative Office Support Facilities. However, there is a difference between the traffic generation characteristics. The proposed project would allow Pacific View to construct Mausoleum space within certain building envelopes that total about another 40,000 sq. ft. of floor Volv®e 48 - Page 89 MINUTES INDEX GPA 94 -1 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CRLL \,\V' March 28, 1994 MINUTES INDEX area. In addition, they would be GPA 94 -1 permitted 30,000 sq. ft. of support facilities and administrative offices which could generate traffic. The Planning Director referenced a map on display and showed where the proposed Mausoleums and Administrative Office • Support Facilities are intended to be constructed, and answered questions of Council Member Cox. During discussion, Council Member Cox stated that if the Council approves the initiation of this General Plan Amendment, he felt there should be an ad hoc committee formed so that the affected residents can keep tract of what's taking place on a weekly basis. Council Member Debay emphasized, for those in attendance as well as those watching this meeting on television, that by initiating a General Plan Amendment„ it does not mean the City Council is approving the project. It's only initiated to go through the process. In view of Council Member Debay's comments, the City Attorney suggested that an Item No. 3 be added to the proposed motion stating, "That initiation of a General Plan Amendment does not apply any intent on the part of the City Council to increase or change the character of any development • authorized in the current Land Use Element." In response to question raised by Council Member Sansone, the City Attorney stated that if the proposed General Plan Amendment is not initiated by the City Council, it would be possible for the Planning Commission to approve the use permit, and then Pacific View can possibly exercise its rights under the County use permit and it may initiate litigation, inasmuch as this City has no land use authority over cemetery uses. The following persons addressed the Council in ovvosition to the proposed General Plan Amendment: Karl Wolf, 17 Carmel Bay Drive Paul Hitzelberger, 11 Carmel Bay Drive (submitted photos of their view from their homes, showing piles of debris, deplorable Mausoleum maintenance, dead vegetation, etc.) Jane Hitzelberger, 11 Carmel Bay Drive H. Ross Miller, 1627 Bay Cliff ® Circle Don Olson, 9 Monterey Circle, (submitted photos of views from various property owners adjacent to the perimeter of Pacific View, and the need for improved maintenance) Volume 48 - Page 90 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CALL??�� March 28, 1994 VIII . Eddie Allen, 21 Carmel Bay GPA 94 -1 Caroline Miller, 19 Carmel Bay Drive William J. Cecka, Jr., 1 Monterey Circle Barry Ruff, 2 Twin Lakes Circle Max Jack, 7 Monterey Circle • It was indicated by the above speakers, in part, that if this General Plan Amendment is approved, it could cause the following problems for residents living adjacent to Pacific View: Decrease in property values, and $30 to $50 million in damages; . . The homes in this immediate area were purchased on the basis of the General Plan 50,000 sq. ft. restriction, and with the understanding that no further Mausoleums could be constructed; New Cemetery owner bought Pacific View approximately two years ago, and was put on notice regarding certain limitations that apply regarding the construction of additional Mausoleums; Pacific View would be allowed to make a "killing" at the expense of, and damages to adjacent homeowners; • Pacific View would be allowed to construct any number of Mausoleums; New Pacific View property owners do not care about the adjacent homeowners, views or maintenance. Delores Otting, 17 Hillsborough, addressed the Council and asked what revenue would be generated to the City if this General Plan Amendment is approved, to which the Planning Director replied that given the various sources of revenue (property tax, sales tax, etc.), Pacific View Cemetery at the present time in terms of revenue generators is 106. Robert Levonian, President of LCB Associates, an engineering firm that is involved in the design and planning of cemeteries exclusively, addressed the Council, and stated that he met with neighboring property owners on March 2, with about 45 homeowners present. He listened to their concerns and revised their plan in an attempt to mitigate some of those issues. He met again two weeks later on March 16, with their revised plan. He concurs in the staff recommendation and requests this matter be referred back to the Planning Department for scheduling of a public Volume 48 - Page 91 CITY OF NEWPORT BEACH COUNCIL MEMBERS M,I f.A11 March 28, 1994 MINUTES INDEX hearing. He approached the site plan on GPA 94 -1 display and clarified some of the concerns expressed this evening. He did note that the family Mausoleums are only 20 ft. by 20 ft. and about 12 ft. high. He added that Pacific View is very aware of the adjacent property owners' concerns regarding negative impact of their views, and if in fact a CUP is considered, at that time they will provide at: the public hearing, a design that does not impede the views. Also, Mausoleum roof tops will be covered with 12" of sod. Discussion ensued wherein the City Attorney indicated he felt the Council should proceed with the initiation of the General Plan Amendment in order to "get a handle" on what was done in the past, and to t some firm definite control over what the property owner does with that site from now and in the future. Conditions of Approval can be imposed relative. to roof treatments, size of and location of structures, setbacks, maintenance of the cemetery grounds, etc. At the current time, the City has no control of the maintenance of the facilities within the park grounds. Council Member Watt indicated she would like to see an ad hoc committee formed so that the homeowners associations are "brought into the loop of things" in a timely way so that the Council can discuss those property owners' concerns prior to initiation of a General Plan Amendment. In response to question raised by Council Member Debay, the City Attorney stated that to deny the initiation of a General Plan Amendment is a legislative act, and there are no findings that the Council needs to make. He also did not think findings would provide the City with any protection. In response to question raised by Council Member Mart regarding the agreement that was approved by the City and Pacific View on July 16, 1993, the City Attorney advised that the agreement states Pacific View shall submit a conditional use permit application; that the application would be considered; and that they would not concede that the City has any land use and zoning authority. Motion x Mayor Turner stated he felt the City should have some control over this property, and therefore, made a motion to initiate this General Plan Amendment for Pacific View Memorial Park, and that the specific language that would be Inserted in the Land Use Element of the General Plan would read, volume 48 - Page 92 COUNCIL MEMBERS • CITY OF NEWPORT BEACH March 28, 1994 "This site is located at the easterly terminus of Pacific View Drive and is designated for Governmental, Educational and Institutional Facilities, to allow the continuation of the existing cemetery, mausoleum and support uses. Cemetery and mausoleum uses do not generate consistent or predictable traffic volumes but the bulk and visual impact of structures on the site should be controlled to protect views and area aesthetics. The administrative offices and support facilities do generate traffic consistent with other land uses and floor area controls are appropriate. The site is allowed a maximum floor area of 50,000 sq. ft. including administrative, office and support facilities and mausoleums and garden crypts. Mausoleum and structures housing crypts shall be constructed only within the areas designated, and within the building envelopes authorized by the site plan approved in conjunction with Use Permit No. 3518, but in no event shall building bulk or floor area exceed the site plan presented to the City Council on March 28, 1994. The motion is conditioned upon the following: 1. That the General Plan Amendment shall be consolidated with Use Permit No. 3518 and Site Plan Review No. 69 and the action on all items will be taken concurrently by the Planning Commission and City Council; 2. That the City Council shall review General Plan Amendment No. 94 -1F, Use Permit No. 3518 and Site Plan Review No. 69 if the Planning Commission recommends approval of the General Plan Amendment and approves the Use Permit and Site Plan Review; That if this General Plan is initiated by the City Council, there is no implication or inference that the City Council would approve any additional development whatsoever; 4. That an ad hoc City Council /Citizens Committee be set up with at least two Council Members and a representative of each of the three community associations (Spyglass Mills Spyglass Ridge and Sea View). Volume 48 - Page 93 MINUTES INDEX GPA 94 -1 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CALL T • Ayes x x x x Noes x x x • Motion MINUTES March 28, 1994 Discussion continued, wherein Council Member Cox stated that he does not consider the motion support for the expansion; Council Member Sansone stated he is not in favor of the motion because he felt it's a Berlin Wall right underneath some extremely valuable property; also, he has seen nothing mentioned in the staff report regarding parking which he felt is sorely needed; Council Member Debay commented that the various photos submitted by the homeowners are conclusive of a problem, and therefore, she will support the motion, only because she is concerned about the legal ramifications for the City and the control the City will have if the Amendment is approved regarding maintenance; Council Member Mart stated she too will support the motion, but does not know if she can support one more sq. ft. of development on the site; Council Member Hedges stated that Pacific View is going to have a very difficult time going through this process unless they become better neighbors; Mayor Pro Tem. Watt will be voting against the motion. The motion was voted on and carried. The City Manager stated he would have a resolution prepared for April 11 forming the ad hoc committee referenced in the motion. INDEX 94 -1 13. Report from Community Services Tree Plq Department recommending TREE PLAQUE Dedctn DEDICATION to be placed in Buffalo Hills (62) Park; and preparation of Council Policy defining guidelines, including text length for plaque dedications in the future. Council Member Hedges stated that this item involves a request from Bahai Faith to erect a plaque on a tree that was planted by the City in soil representing 60 countries, collected by the Bahai Community to celebrate international cooperation. He stated he sees some problems with this request regarding religion, and setting a precedent. Inasmuch, as the City does not have a Council policy on this type of item, he moved to approve staff recommendation No. 2 only, directing the Community Services Department to prepare a Council Policy defining guidelines, including text length, for plaque dedications in the future. Wolf Stern, Chairman of the local spiritual assembly of the Bahai Community of Newport Beach, addressed the Council and stated it has been three years ago, on Earth Day, when the City was kind enough to donate a Coral tree in Buffalo Hills Park for the purpose of permitting them to plant it in soil that they have collected from 65 different countries. They have been very patient with regard to this plaque, but he Volume 48 - Page 94 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CRLL March 28, 1994 MINUTES TMtWV would hope the Council would exclude Tree Plq their organization from the proposed Dedctn Council Policy; he also appreciates Council Member Hedges' concerns. The Bahai Community will be paying for the plaque which is 24" by 18" in size. M0 n x Mayor Pro Tem Watt spoke in support of listing all the countries on the plaque inasmuch as it will be on a school playground and could prove educational for the children; and therefore, moved a substitute motion to approve the request as recommended by the Parks, Beaches 6 Recreation Commission (items 1 and 2). The City Attorney stated that if this request is approved, he did not feel it would constitute a precedent or violate the establishment clause of the Federal or State Constitution. Council Member Hedges spoke against the substitute motion indicating he did not want to leave the door open for the future. Ayes x x x x x x The substitute motion was voted on and Noes x carried. 15. BA -038, $30,000 - To provide for Budget membership fees in Coastal Motion and Amnd 038 CEHTEBRIDB with restricted AS 2766 (40) revenues. • The City Manager explained to Council Member Hedges that Centerride and Coastal Motion are organizations which are intended to promote ride sharing at commercial centers within the City to reduce the number of trips generated, and to bring the City in compliance with a number of organizations. The City Council discussed this issue during the last budget for 1993 -94, and voted to continue to financially support these programs, but with funds as a result of newly enacted State Legislation. He stated the City may use AB 2766 monies for anything that would promote a greater participation in ride sharing or the elimination of trips, such as transportation centers for park 6 ride programs, metro link stations, electric vehicles, all of which reduces rides and improves air quality. Council Member Hedges stated that the two programs do not comply with AQMD Reg. 15 requirements, which themselves are being reviewed, and he does not see the purpose in "throwing another $30,000 out the window." Council Member Debay stated that in due respect to Council Member Hedges, she wished he would have brought this item up this afternoon so that all the Council Members could have given input and the City Manager would have had time to look up Council Member Hedges' concerns and be thoroughly prepared at the evening meeting. Volume 48 - Page 95 COUNCIL MEMBERS ROLL Mon Motion X X CITY OF NEWPORT BEACH Ayes x x x x Noes x x x • March 28, 1994 Council Member Hart commented that it was a unanimous decision to try to stay with the program since funding wasn't available for this next year. The City actually started this program as a step in satisfying a government mandate, and It was a joint effort between the larger businesses in Newport Beach and surrounding communities, such as Hughes Aircraft, Hoag Hospital, School District, Fountain Valley Sanitation District who are also committing money per capita per employee. She added the consensus was that this is money well spent due to the fact that the City is mandated by the AQMD to achieve certain goals. Mayor Pro Tem Watt stated that she can speak for Centerride, and that this program started over four years ago when Council Members and staff attempted to coordinate the business interests as far as ridesharing is concerned. She is impressed with the Centerride program that she participates in, which include the hotels in Newport Center, The Irvine Company businesses and Pacific Mutual, who by trying to coordinate ridesharing, are operating at maximum level. If the City of Newport Beach discontinues its participation in the program now, the businesses would be left "holding the bag," so to speak. Motion was made by Council Member Hedges to defer action for two weeks to review the report from last year with updates before the Council is asked to appropriate $30,000 at this time. Council Member Cox made a substitute motion to approve staffs recommendation to approve Budget Amendment 038 for $30,000 membership fees in the Centerride with restricted AB 2766 revenues. He added that these funds are specifically identified for mobile source and emission reductions, which is part of a State -wide program, and if the City does not use these funds they go back for some other City to use. Council Member Hedges added that he could not make a decision in the absence of more information, and that these funds paid by California taxpayers need to have adequate justification before being spent. Substitute motion was voted on and carried. Volume 48 - Page 96 MINUTES INDEX Budget Amnd 038 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CRLL S March 28, 1994 • Motion All Ayes is • X MINUTES INDEX Ord 94 -16 Zoning (94) PCA 797 PUBLIC BEARING 16. Mayor Turner opened the public hearing regarding proposed ORDINANCE NO. 94 -16, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE AMENDING DISTRICTING MAP NO. 18, SO AS To DELETE THE 10 FOOT FRONT YARD SETBACKS ADJACENT TO A VACATED ALLEY AND ADJACENT TO THE VACATED GLEN DRIVE (PLANNING COMMISSION AMENDMENT NO. 797). Report from Planning Department. The Planning Director reported that the Planning Commission approved Resubdivision No. 1002, (6 Ayes, 1 absent) on January 20, 1994 which created three new building sites on Hazel Drive. Tonight's amendment is required in order to eliminate the previous existing setbacks adjacent to a vacated alley and Glen Drive, which is at the bottom of Buck Gulley. Hearing no one wishing to address this issue, the public hearing was closed. Council Member Sansone made a motion to adopt Ordinance No. 94 -16. PUBLIC COMMENTS 1. Stuart Williams, 1748 Bayport Way, expressed his concerns about the way the City is being administered. He also raised concerns how the taxpayers' money is being spent, alleging that a proposed Charter amendment will allow an annual tax of $120 be assessed on each household in the City for trash pickup to pay for increases in salary benefits, and administrative fees. Mayor Turner, in an attempt to address Mr. Williams' concerns, commented that the economic situation being experienced by the City prompted the budget meetings with staff and the Council, which were most productive, to set a new long -range course for the City and ensure a balanced Budget. He stated that personnel increases were approved by the City Council. He added that the City Manager has been faced with many challenges during this past two years, and that Mr. Murphy is one of the most hardest working people in the City. The City Manager stated he has not publicly advocated that the homeowners pay for trash pickup. However, in his dealings with the various Boards and Commissions regarding the 1994 -95 Budget, he has made them aware that fundamentally the City is going to have to do business differently. Newport Vole 48 - Page 97 INDEX Ord 94 -16 Zoning (94) PCA 797 1*111NO(EyLg MIA8 MOV: � - /lk • • CITY OF NEWPORT BEACH March 28, 1994 Beach is the only City in Orange County where homeowners don't pay for trash pickup, and although he does not advocate this, it is something that the City, in a diminishing revenue base and reduced service level among other things, will have to take this into consideration. ORDINANCES FOR ADOPTION 17. Proposed ORDINANCE NO. 94 -15, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 10.60 TO THE NEWPORT BEACH MUNICIPAL CODE RELATING TO THE DISPLAY OF HARMFUL MATERIAL IN A PUBLIC PLACE. Recycled report from City Attorney, dated March 8, 1994. In response to Council inquiry, the City Manager reported that the City currently has two Code Enforcement personnel to handle the workload, whereas there were four employees. There is an initial education with a letter to the community providing this type of material, and a periodic review for compliance. Donna Ferguson,, 1048 Irvine Avenue, stated that she is an author, and her writings deal with the effects of harmful matter, such as the type the City is attempting to address tonight, on the lives of young people. She added that according to the FBI's statistical report, in 1991 almost half of all sex offenders were under the age of 18. The biggest consumers of harmful material matter are young boys between the ages of 12 and 17 who then act out their fantasies on younger children. 10 years ago in this country there were 22 rehabilitation centers for youthful sex offenders under 18, now there are 755. There is more evidence to link this kind of material to sexual crimes. In the 1986 Surgeon General's Report on pornography and health there were 83 documented studies by experts in the field who have proven beyond a shadow of a doubt that this is a public safety issue. Sarah Sansevieri, 704 Marigold Avenue, addressed the Council, stating that she wanted to better inform the City on what is taking place regarding the display of harmful material. She offered approximately a dozen photos that she took of some of the various places near the Fun Zone, piers and a liquor store on Marguerite and Pacific Coast Highway (the areas where the children are passing and going to the beach). She emphasized the need for blinder racks, especially in the areas where the young people go to buy refreshments and snacks, and in book stores as there is no supervision here where the magazines are readily displayed. Volume 48 - Page 98 MINUTES INDEX d 94 -15 fenses/ (70) CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CRLL March 28, 1994 • Motion All Ayes • Motion • X X MINUTES INDEX Council Policies A- 6 /A -10 (69) Sandy Eoreshe, 16425 Harbor Boulevard, representing the "Enough Is Enough Campaign" and in support of the National Coalition Against Pornography, addressed the Council, stating that they are very aware how much the youthful mind is impressed by the visual media. She cited an example of results from a recent movie, wherein some adolescent boys would lie down on the center line of the street with cars passing by and they were not injured, and after the movie was released in major Cities, adolescents were carrying out this experience, but not without fatalities. Mayor Turner made a motion to adopt Ordinance No. 94 -15. CURRENT BUSINESS 18. Report from City Attorney regarding BROAN ACT AMENDMENTS, and recommending approval of COUNCIL POLICIES A -10 AND A -6, with NEQ ACENDA FORMAT /CLOSED SESSION ACENDA FORMAT /CLOSED SESSION REPORT. The City Attorney advised that in keeping within the Brown Act to maximize public participation in and knowledge of, decisions made by local government, the Council agenda format will vary from the current practice. Delores Otting addressed the Council asking for clarification from the City Attorney on Council Policy A -6, paragraph 2, "Regular Meetings," and paragraph 6, "Mail addressed to the City Council." Novell Hendrickson addressed the Council in favor of keeping the Consent Calendar items on the evening part of the agenda. She stated that these items should be scheduled when the working public will be able to attend the meeting in the evening. Also, she asked for clarification regarding Council Policy A -6, paragraph 4.(a), concerning when the agenda would be available to the public, and suggested, if possible, that the agenda be printed in the newspaper. She commented that the preliminary budget should be available at the public libraries by May 5 for anyone interested in the City's budget process. The City Attorney advised that the Brown Act makes reports and agendas available to the public when they are completed. Mayor Turner made a motion to approve amendments to Council Policies A -6 Open Meeting Policies, and A -10 Procedural Rules for the Conduct of City Council Meetings; meet at 2:00 p.m., and keep the Consent Calendar on the evening agenda; wherein Council Member Cox suggested that straw votes be taken to determine the starting time of the evening meeting. Volume 48 - Page 99 INDEX Council Policies A- 6 /A -10 (69) CITY OF NEWPORT BEACH COUNCIL MEMBERS Rnl I Ca \�y�� �O�9f larch 28, 1994 MINUTES INDEX Red x x x Bed light indicates starting the evening meeting at 6:00 p.m.; Green x x x x green light indicates starting the evening meeting at 7:00 p.m. Discussion ensued, wherein Mayor Turner reaffirmed the recommendations in his • motion above, with presentations to remain as scheduled during the afternoon. In response to Council Member Hedges' inquiry, the City Attorney advised that Council Policy A -6 will be modified to Include the specific provisions of the Bown Act regarding the circumstances to which the Council can meet on an emergency basis. The City Attorney, in consideration of Novell.. Hendrickson's comments in the foregoing, advised that Council Policy A -6, paragraph 4.(a) will be modified to read, "The agenda and staff reports shall be available at the office of the City Clerk as soon as prepared, but in no event no later than 8:30 a.m. , on Thursday preceding the meeting." All Ayes Motion was voted on and carried. 19. Report from Planning Department Newport concerning NEWPORT COAST DRIVE EXTENSION Coast Dr AND SAN JOAQUIN HILLS TRANSPORTATION Extnsn/ CORRIDOR. SJ Hills The Public Works Director advised that Trnsp Crdj the Corona del Mar Residents Association (74) and others have asked that in the City's response to the Notice of Preparation to the EIR, Alternative 3 -B receive consideration in that EIR. He referenced the drawing displayed with the alternatives, stating that Alternative 3 -B was the closest to the San Joaquin Transportation Corridor. There is potentially one technical problem with Alternative 3 -B, and that is its close proximity to the Ford Road Interchange. The study would have to address this question in detail to determine if it were feasible, but it may be workable if there is some re- routing of traffic. Council Member Sansone stated that he wanted a change in the second sentence, first paragraph of the letter to read: "The City of Newport Beach requests that Alternative 3 -B be included in the alternatives evaluated in the EIR." For the viewing audience, the Public Works Director detailed from the wall maps on display, an orientation of the alternatives. Mot on x Council Member Sansone made a motion to All Ayes direct staff to address a letter to the City of Irvine and Orange County, requesting that Alternate 3 -B be Included in the alternatives evaluated In the EIR. Volume 48 - Page 100 COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH March 28, 1994 Meeting adjourned at 10:50 p.m., in memory of J. Kenneth Fagans, who passed away on March 26, 1994, well -known as "Mr. CIF" for his coaching record,. and recipient of a Lifetime Achievement Award given by the orange County Sports Mall of Fame for his amateur athletics career. ** *cur 9rwm * *yt *wt lr The agenda for this meeting was posted on March 24, 1994 at 8:30 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: MINUTES Volume 48 - Page 101